BOARD DATE: 16 February 2016 DOCKET NUMBER: AR20150007207 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Kuwait and the Southwest Asia Service Medal (SWASM). 2. The applicant states he went to Kuwait with Company B, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Fort Hood, Texas, in June 1996 [1995] and returned in late October 1996 [1995]. His unit went as part of the Blackjack Brigade, who, along with several others, left on 48 hours' notice and were the first units to land. 3. The applicant provides: * Department of Defense (DOD) Military Service Information, dated 19 October 2015 * a printout with information about "Operation INTRINSIC ACTION 95-03, 1995" * a self-authored document, undated CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 1 September 1994. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) does not list any foreign service or show he was awarded the SWASM. 4. The Gulf War Roster shows he was deployed to SWA from 1 September 1995 to 31 October 1995. 5. His record does not contain any evidence showing where he served in SWA. 6. He was honorably released from active duty on 31 August 1997. His DD Form 214 shows he completed 3 years of net active service. Additionally: a. Item 12f (Foreign Service) does not contain an entry. b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not list the SWASM or any other awards authorized for service in SWA during the Gulf War. c. Item 18 (Remarks) of his DD Form 214 does not contain any remarks referring to his service in SWA. 7. Army Regulation 600-8-22 (Military Awards) states the SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns are: Defense of Saudi Arabia (2 August 1990 - 16 January 1991); Liberation and Defense of Kuwait (17 January - 11 April 1991); and Cease-Fire Campaign (12 April 1991 - 30 November 1995). 8. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Chapter 2 establishes standardized policy for the preparation of the DD Form 214. It states that for: * item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 * item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 * item 18 (Remarks), for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)" DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant served in SWA from on or about 1 September 1995 to 31 October 1995. Accordingly, he met the criteria for the SWASM with one bronze service star to denote his participation in the Cease-Fire Campaign (12 April 1991 - 30 November 1995). However, this award is not documented on his DD Form 214. 2. The exact location of the applicant's service in Southwest Asia is unknown; however, he clearly served in SWA for 2 months and this period of service was not reflected in item 12f or item 18 of his DD Form 214. BOARD VOTE: ___X_____ __X______ __X__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with one bronze service star, b. adding to item 12f of his DD Form 214 the entry "00 02 00," and c. adding to item 18 of his DD Form 214, the entry "SERVICE IN SOUTHWEST ASIA FROM 19950901 – 19951031." __________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150007207 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007207 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1